Declaration of an Approved Wildlife Trade Operation – Western Australia Sea Cucumber Fishery, March 2026

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment and its biodiversity by regulating activities that have, or may have, a significant impact on the environment. This legislation was introduced to address the need for a comprehensive and integrated approach to environmental protection, including the management of activities that could potentially harm wildlife and their habitats. Enacted by the Parliament of Australia, the EPBC Act serves to safeguard Australia's natural environment, ensuring its sustainable use and management. In this context, the policy objective of the Act is to provide for the protection of the environment, particularly by managing activities that could cause significant harm to the environment, its biodiversity, or its ecological processes. This includes ensuring that wildlife trade operations are ecologically sustainable and do not contribute to the decline of threatened species. The declaration of the operations for the harvesting of specimens in the Western Australian Sea Cucumber Fishery as an approved wildlife trade operation under the EPBC Act signifies the government's commitment to maintaining ecological sustainability while allowing for regulated trade in certain species. This declaration was made in accordance with the provisions of the EPBC Act, ensuring that the operations do not negatively impact protected species or threaten the ecological balance. The declaration is valid until 1 April 2031, subject to specific conditions aimed at ensuring that the fishery is managed sustainably and that any changes to management arrangements are reported and approved. This approach helps to balance economic activities with the need to protect Australia's unique biodiversity.

Scope and Application

The declaration made under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes the operations for the harvesting of specimens derived from invertebrates in the Western Australian Sea Cucumber Fishery as an approved wildlife trade operation. This encompasses entities involved in the fishery, including the Western Australian Department of Primary Industries and Regional Development, which must adhere to the specified conditions for export approval and the submission of annual and updated reports to the Department of Climate Change, Energy, the Environment and Water. The declaration applies to the Western Australian Sea Cucumber Fishery and excludes specimens belonging to taxa listed under specific sections of the EPBC Act, including Australia’s List of Migratory Species, Australia’s List of Marine Species, eligible listed threatened species, and taxa listed in the CITES Appendices. The declaration is valid until 1 April 2031 and is subject to conditions specified in Schedule 1, which include the requirement for annual reporting and the provision of an updated harvest strategy by 20 December 2027. This declaration extends the application of the EPBC Act to the specified fishery operations, ensuring compliance with environmental protection and biodiversity conservation requirements.

Key Provisions

The key provisions of the declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 303FN and 303FT) recognise the Western Australian Sea Cucumber Fishery as an approved wildlife trade operation, effective from 2 April 2026 until 1 April 2031. This declaration excludes specimens that are listed under sections 209, 248, 303BC, and 303CA of the EPBC Act. These sections refer to Australia’s List of Migratory Species, Australia’s List of Marine Species, eligible listed threatened species, and taxa listed in the CITES Appendices, respectively. The declaration also stipulates that the operations are subject to specific conditions outlined in Schedule 1 (section 303FT). Under the Act, the Western Australian Department of Primary Industries and Regional Development (DPIRD) must comply with several obligations. Firstly, DPIRD must ensure that the fishery is managed according to the instruments of Exemption under the Fish Resources Management Act 1994 (WA) and the Fish Resources Management Regulations 1995 (WA) (Condition 1). Secondly, DPIRD is required to submit an annual report by 20 December each year, detailing the management of the fishery, to the Department of Climate Change, Energy, the Environment and Water (the department). Additionally, DPIRD must notify the department of any intended changes to legislative instruments or management arrangements that may impact the basis of the export approval. Lastly, by 20 December 2027, DPIRD must provide an updated harvest strategy that includes new reference points, performance indicators, and changes to the fishery management (Condition 2). Failure to comply with the obligations and conditions set out in the declaration can result in serious consequences. Under the EPBC Act, breaches of the Act or its regulations may lead to civil or criminal penalties. For corporations, the maximum penalty for contravening the Act can be up to $66,600 (or three times the benefit obtained, if greater). For individuals, the maximum penalty is up to $13,320 (or one-tenth of the benefit obtained, if greater). These penalties underscore the importance of adhering to the conditions and obligations specified in the declaration. Furthermore, the declaration allows for independent review by the Administrative Review Tribunal, providing a mechanism for those affected to seek redress if they believe the declaration or its conditions are unjust or improperly applied.